Natural and Contractual Transfer of Property to the Adopted Child in US Law(With a View on Law of Iran)

Abstract

The custody of children and adolescents without a guardian and with a bad guardian in Iranian law ‎has many similarities with the institution of adoption in American law, with the fundamental difference ‎that custody in Iranian law does not result in a real parent-child relationship between the guardian ‎and the adopted child, and just is resulted into some analogous rights and duties. This legal relationship ‎will have financial and non-financial effects on the relationship between the parties, one of the most ‎important financial effects has always been the possibility of inheritance between them or bequest of ‎property for each other.‎ The present study, focusing on American law and jurisprudence in this country, has tried to study the ‎various presumptions of inheritance between the adopted child and the guardian, the adopted child and ‎the guardian relatives, and the adopted child and his/her real parents. Furthermore, it examines the possibility of invoking the will concluded in favour of the adopted child, assuming the conclusion of a ‎direct will by the guardian or an indirect will by the relatives of the guardian. In doing so, there has ‎been a view on Iranian law and related codified laws.

Keywords

• adopted child
• guardian
• real parents
• inheritance
• will